Mukta Gupta, J. - (1.)By the present appeal Jitender Singh challenges the impugned judgment dated 26th July 2016, whereby he was convicted for offences punishable under Sections 363/366/342/376 IPC and the order on sentence dated 1st August 2016 directing him to undergo rigorous imprisonment for the period of three years and to pay a fine of Rs. 3000/-, in default whereof to undergo simple imprisonment for a period of fifteen days for the offence punishable under Section 363 IPC, rigorous imprisonment for a period of five years and to a fine of Rs. 3000/- , in default whereof to undergo simple imprisonment for a period of fifteen days, for the offence punishable under Section 366 IPC, rigorous imprisonment for the period of one year and a fine of Rs. 1,000/- in default whereof to undergo simple imprisonment for a period of seven days for the offence punishable under Section 342 IPC and rigorous imprisonment for a period of eight years and to a fine of Rs. 5000/- , in default whereof to undergo simple imprisonment for a period of one month, for the offence punishable under Section 376 IPC.
(2.)Assailing the conviction, learned counsel for the appellant submits that since the date of birth of the prosecutrix has been proved to be 1st September 1995, the alleged offences are not made out as the prosecutrix was not a minor on the date of incident.
(3.)Per contra, learned APP for the State submits that the impugned judgment and order on sentence suffers from no illegality and the appellant has been rightly convicted on the testimony of the prosecutrix, her father, Dr. Nishu Dhawan (PW-18) who proved the MLC of the prosecutrix and DNA report (Ex.PX).